83 FR 12852 - Airworthiness Directives; Airbus Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 58 (March 26, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 58 (March 26, 2018)
| Page Range | 12852-12856 | |
| FR Document | 2018-05013 |
[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)] [Rules and Regulations] [Pages 12852-12856] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05013] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1096; Product Identifier 2017-NM-072-AD; Amendment 39-19221; AD 2018-06-01] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for certain Airbus Model A318, A319, A320, and A321 series airplanes; all Model A330-200 Freighter, -200, and -300 series airplanes; and all Model A340-200, -300, -500, and -600 series airplanes. This AD was prompted by reports of false traffic collision avoidance system (TCAS) resolution advisories. This AD requires modifying the software in the TCAS computer processor or replacing the TCAS computer with a new TCAS computer. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective April 30, 2018. The Director of the Federal Register approved the incorporation by reference [[Page 12853]] of certain publications listed in this AD as of April 30, 2018. ADDRESSES: For service information identified in this final rule, contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@airbus.com; internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 1096. Examining the AD Docket You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 1096; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Section, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Model A318, A319, A320, and A321 series airplanes; all Model A330-200 Freighter, - 200, and -300 series airplanes; and all Model A340-200, -300, -500, and -600 series airplanes. The NPRM published in the Federal Register on November 30, 2017 (82 FR 56749) (``the NPRM''). The NPRM was prompted by reports of false TCAS resolution advisories. The NPRM proposed to require modifying the software in the TCAS computer processor or replacing the TCAS computer with a new TCAS computer. We are issuing this AD to prevent false TCAS resolution advisories. False TCAS resolution advisories could lead to a loss of separation with other airplanes, possibly resulting in a mid-air collision. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2017-0091R2, dated June 2, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus Model A318, A319, A320, and A321 series airplanes; all Model A330-200 Freighter, -200, and -300 series airplanes; and all Model A340-200, - 300, -500, and -600 series airplanes. The MCAI states: Since 2012, a number of false TCAS [traffic collision avoidance system] resolution advisories (RA) have been reported by various European Air Navigation Service Providers. EASA has published certification guidance material for collision avoidance systems (AMC 20-15) which defines a false TCAS RA as an RA that is issued, but the RA condition does not exist. It is possible that more false (or spurious) RA events have occurred, but were not recorded or reported. The known events were mainly occurring on Airbus single- aisle (A320 family) aeroplanes, although several events have also occurred on Airbus A330 aeroplanes. Investigation determined that the false RAs are caused on aeroplanes with a certain Honeywell TPA- 100B TCAS processor, P/N [part number] 940-0351-001, installed, through a combination of three factors: (1) Hybrid surveillance enabled; (2) processor connected to a hybrid GPS source, without a direct connection to a GPS source; and (3) an encounter with an intruder aeroplane with noisy (jumping) ADS-B Out position. EASA previously published Safety Information Bulletin (SIB) 2014-33 to inform owners and operators of affected aeroplanes about this safety concern. At that time, the false RAs were not considered an unsafe condition. Since the SIB was issued, further events have been reported, involving a third aeroplane. This condition, if not corrected, could lead to a loss of separation with other aeroplanes, possibly resulting in a mid-air collision. Prompted by these latest findings, and after review of the available information, EASA reassessed the severity and rate of occurrence of false RAs and has decided that mandatory action must be taken to reduce the rate of occurrence, and the risk of loss of separation with other aeroplanes. Honeywell International Inc. published Service Bulletin (SB) 940-0351-34-0005 [Publication Number D201611000002] to provide instructions for an upgrade of TPA-100B processors P/N 940-0351-001 to P/N 940-0351-005, introducing software version 05/01. Consequently, Airbus developed certain modifications (mod 159658 and mod 206608) and published SB A32034-1656, SB A320-34-1657, SB A330-34-3342, SB A340-34-4304 and SB A340-34-5118, to provide instructions for in-service introduction of the software update (including change to P/N 940-0351-005) on the affected aeroplanes, or to replace the TCAS processor with a P/N 940-0351-005 unit. Consequently, EASA issued AD 2017-0091, to require modification or replacement of Honeywell TPA-100B TCAS P/N 940-0351-001 processors, hereafter referred to as `affected processor' in this [EASA] AD. That [EASA] AD also prohibits installation of an affected processor on post-mod aeroplanes. After that [EASA] AD was issued, it was found that an error had been introduced, inadvertently restricting the required action to those aeroplanes that had the affected part installed on the Airbus production line, thereby excluding those that had the part installed in-service by Airbus SB. Consequently, EASA revised AD 2017-0091 to amend Note 1 and include references to the relevant Airbus SBs that introduced the affected processor in service. Since EASA AD 2017-0091R1 was issued, prompted by operator feedback and to avoid confusion, it was decided to exclude aeroplanes that had an affected processor installed by STC, for which EASA AD No.: 2017-0091R2 separate [EASA] AD action is planned. It was also determined that the prohibition to install an affected processor was too strict, particularly for Group 2 aeroplanes. For the reason described above, this [EASA] AD is revised to reduce the Applicability, introduce some minor editorial changes and to amend paragraph (3). You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 1096. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment. Supportive Comment The Air Line Pilots Association, International supported the NPRM. Request To Refer to Revised Service Information Airbus requested that the NPRM be updated to reference the current revision level of certain service information. Airbus noted that four of the service bulletins referred to in the NPRM were revised. We agree with the commenter's request. We have updated the preamble and paragraph (i) of this AD to refer to the revised service information. Because the revised service information does not include any additional actions, we have added paragraph (l) to this AD to provide credit for actions accomplished prior to the effective date of this AD using the applicable Airbus service bulletin identified in paragraphs (l)(1) [[Page 12854]] through (l)(4) of this AD. We have redesignated subsequent paragraphs accordingly. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. Related Service Information Under 1 CFR Part 51 Airbus has issued the following service information, which describes procedures for modifying the software in the TCAS computer processor and procedures for replacing the TCAS computer with a new TCAS computer. These documents are distinct since they apply to different airplane models in different configurations. Airbus Service Bulletin A320-34-1656, Revision 01, dated September 6, 2017. Airbus Service Bulletin A320-34-1657, Revision 01, dated September 6, 2017. Airbus Service Bulletin A330-34-3342, Revision 01, dated November 13, 2017. Airbus Service Bulletin A340-34-4304, dated April 19, 2017. Airbus Service Bulletin A340-34-5118, Revision 01, dated September 12, 2017. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 205 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Software modification................. 2 work-hours x $85 per $0 $170 $34,850 hour = $170. TCAS replacement...................... 2 work-hours x $85 per 298 468 95,940 hour = $170. ---------------------------------------------------------------------------------------------------------------- Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in ``Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a ``significant regulatory action'' under Executive Order 12866, 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), 3. Will not affect intrastate aviation in Alaska, and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): 2018-06-01 Airbus: Amendment 39-19221; Docket No. FAA-2017-1096; Product Identifier 2017-NM-072-AD. (a) Effective Date This AD is effective April 30, 2018. (b) Affected ADs None. (c) Applicability This AD applies to Airbus airplanes, all manufacturer serial numbers, certificated in any category, as identified in paragraphs (c)(1) through (c)(11) of this AD; except those Model A318, A319, A320 and A321 series airplanes that have been modified by a supplemental type certificate (STC) that installs Honeywell traffic alert and collision avoidance system (TCAS) 7.1 processor, part number (P/N) 940-0351-001. (1) Model A318-111, -112, -121, and -122 airplanes. (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes. (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, and -271N airplanes. (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, - 251N, -253N, and -271N airplanes. [[Page 12855]] (5) Model A330-223F and -243F airplanes. (6) Model A330-201, -202, -203, -223, and -243 airplanes. (7) Model A330-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes. (8) Model A340-211, -212, and -213 airplanes. (9) Model A340-311, -312, and -313 airplanes. (10) Model A340-541 airplanes. (11) Model A340-642 airplanes. (d) Subject Air Transport Association (ATA) of America Code 34, Navigation. (e) Reason This AD was prompted by reports of false TCAS resolution advisories. We are issuing this AD to prevent false TCAS resolution advisories, which could lead to a loss of separation with other airplanes, possibly resulting in a mid-air collision. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definition of Group 1 and Group 2 Airplanes (1) For the purposes of this AD, Group 1 airplanes are those that have a Honeywell TPA-100B TCAS P/N 940-0351-001 processor that was installed during production, or in-service using the procedures in the applicable service information identified in paragraphs (g)(1)(i) through (g)(1)(xii) of this AD. (i) Airbus Service Bulletin A320-34-1504. (ii) Airbus Service Bulletin A320-34-1506. (iii) Airbus Service Bulletin A320-34-1533. (iv) Airbus Service Bulletin A320-34-1534. (v) Airbus Service Bulletin A320-34-1572. (vi) Airbus Service Bulletin A330-34-3247. (vii) Airbus Service Bulletin A330-34-3281. (viii) Airbus Service Bulletin A330-34-3344. (ix) Airbus Service Bulletin A340-34-4263. (x) Airbus Service Bulletin A340-34-4254. (xi) Airbus Service Bulletin A340-34-5076. (xii) Airbus Service Bulletin A340-34-5087. (2) For the purposes of this AD, Group 2 airplanes are airplanes that do not have a Honeywell TPA-100B TCAS P/N 940-0351-001 processor installed. (h) Software Modification or TCAS Processor Replacement For Group 1 airplanes, as identified in paragraph (g)(1) of this AD: Within 12 months after the effective date of this AD, do a modification of the TCAS processor to upgrade the software, or replace the TCAS processor with a TCAS TPA-100B processor having P/N 940-0351-005, in accordance with the Accomplishment Instructions of the applicable service information identified in paragraph (i) of this AD. Note 1 to paragraph (h) of this AD: Guidance for modifying an affected TCAS processor and re-identifying the processor as P/N 940- 0351-005 can be found in paragraph 3.F. of Honeywell Service Bulletin 940-0351-34-0005, dated January 20, 2017. (i) Service Information for Accomplishment of Actions Specified in Paragraph (h) of This AD Use the applicable service information specified in paragraphs (i)(1) through (i)(5) of this AD to accomplish the actions required by paragraph (h) of this AD. (1) For Model A318 and A319 series airplanes; Model A320-211, A320-212, A320-214, A320-216, A320-231, A320-232, and A320-233 airplanes; and Model A321 series airplanes: Airbus Service Bulletin A320-34-1656, Revision 01, dated September 6, 2017. (2) For Model A320-251N and Model A320-271N airplanes: Airbus Service Bulletin A320-34-1657, Revision 01, dated September 6, 2017. (3) For Model A330-200, A330-200 Freighter, and A330-300 series airplanes: Airbus Service Bulletin A330-34-3342, Revision 01, dated November 13, 2017. (4) For Model A340-200 and A340-300 series airplanes: Airbus Service Bulletin A340-34-4304, dated April 19, 2017. (5) For Model A340-500 and A340-600 series airplanes: Airbus Service Bulletin A340-34-5118, Revision 01, dated September 12, 2017. (j) Identification of Airplanes That Do Not Have a Honeywell TPA-100B TCAS P/N 940-0351-001 Processor Installed An airplane on which Airbus modification 159658 or Airbus modification 206608, as applicable, has been embodied in production and on which it can be positively determined that no TCAS processor has been replaced or modified on that airplane since its date of manufacture is a Group 2 airplane, as identified in paragraph (g)(2) of this AD. Group 2 airplanes are not affected by the requirements of paragraph (h) of this AD. A review of airplane maintenance records is acceptable to make this determination, provided those records can be relied upon for that purpose and that the TCAS processor part number and software standard can be positively identified from that review. (k) Parts Installation Prohibition Installation of a Honeywell TCAS TPA-100B processor having P/N 940-0351-001 is prohibited, as required by paragraphs (k)(1) and (k)(2) of this AD. (1) For Group 1 airplanes, as identified in paragraph (g)(1) of this AD: After modification of an airplane as required by paragraph (h) of this AD. (2) For Group 2 airplanes, as identified in paragraph (g)(2) of this AD: As of the effective date of this AD. (l) Credit for Previous Actions This paragraph provides credit for the actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using the Accomplishment Instructions of the applicable Airbus service bulletin identified in paragraphs (l)(1) through (l)(4) of this AD. (1) Airbus Service Bulletin A320-34-1656, dated April 19, 2017. (2) Airbus Service Bulletin A320-34-1657, dated April 19, 2017. (3) Airbus Service Bulletin A330-34-3342, dated April 19, 2017. (4) Airbus Service Bulletin A340-34-5118, dated April 19, 2017. (m) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (n)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA- authorized signature. (3) Required for Compliance (RC): If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (n) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2017-0091R2, dated June 2, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1096. (2) For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223. [[Page 12856]] (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (o)(3) and (o)(4) of this AD. (o) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Airbus Service Bulletin A320-34-1656, Revision 01, dated September 6, 2017. (ii) Airbus Service Bulletin A320-34-1657, Revision 01, dated September 6, 2017. (iii) Airbus Service Bulletin A330-34-3342, Revision 01, dated November 13, 2017. (iv) Airbus Service Bulletin A340-34-4304, dated April 19, 2017. (v) Airbus Service Bulletin A340-34-5118, Revision 01, dated September 12, 2017. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email airworthiness.A330-A340@airbus.com; internet http://www.airbus.com. (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. Issued in Renton, Washington, on March 2, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-05013 Filed 3-23-18; 8:45 am] BILLING CODE 4910-13-P
![12852 Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Rules and Regulations
§ 121.406 How does a small business § 125.22 When may a contracting officer PART 127—WOMEN-OWNED SMALL
concern qualify to provide manufactured set-aside a procurement for SDVO SBCs? BUSINESS FEDERAL CONTRACT
products or other supply items under a PROGRAM
(a) The contracting officer first must
small business set-aside, service-disabled
veteran-owned small business, HUBZone, review a requirement to determine
whether it is excluded from SDVO ■ 16. The authority citation for part 127
WOSB or EDWOSB, or 8(a) contract?
contracting pursuant to § 125.21. continues to read as follows:
* * * * *
* * * * * Authority: 15 U.S.C. 632, 634(b)(6),
(d) The performance requirements 637(m), 644 and 657r.
(limitations on subcontracting) and the ■ 10. Amend § 125.23 by revising
nonmanufacturer rule do not apply to paragraphs (a), and (b)(1) and (2) to read ■ 17. Amend § 127.503 by revising the
small business set-aside acquisitions as follows: last sentence of the introductory text of
with an estimated value between the paragraph (h)(1) to read as follows:
§ 125.23 When may a contracting officer
micro-purchase threshold and the § 127.503 When is a contracting officer
award sole source contracts to SDVO
simplified acquisition threshold (as both SBCs? authorized to restrict competition or award
terms are defined in the FAR at 48 CFR a sole source contract or order under this
2.101). * * * * *
part?
(a) None of the provisions of §§ 125.21
* * * * * * * * * *
or 125.22 apply;
(h) * * *
PART 125—GOVERNMENT (b) * * * (1) * * * However, the following
CONTRACTING PROGRAMS (1) $6,500,000 for a contract assigned exceptions apply to this paragraph
a manufacturing NAICS code, or (h)(1):
■ 5. The authority citation for part 125 (2) $4,000,000 for all other contracts;
continues to read as follows: * * * * *
* * * * * Dated: March 19, 2018.
Authority: 15 U.S.C. 632(p), (q); 634(b)(6);
637; 644; 657f; 657r. PART 126—HUBZONE PROGRAM Linda E. McMahon,
Administrator.
§ 125.3 [Amended]
■ 11. The authority citation for part 126 [FR Doc. 2018–06033 Filed 3–23–18; 8:45 am]
■ 6. Amend § 125.3 by removing the continues to read as follows: BILLING CODE 8025–01–P
term ‘‘$150,000’’ and adding in its place Authority: 15 U.S.C. 632(a), 632(j), 632(p),
the phrase ‘‘the simplified acquisition 644, and 657a.
threshold (as defined in the FAR at 48 DEPARTMENT OF TRANSPORTATION
CFR 2.101)’’ in paragraphs (c)(1)(viii) § 126.200 [Amended]
and (ix). ■ 12. Amend § 126.200 by removing the Federal Aviation Administration
■ 7. Amend § 125.6 by: words ‘‘unconditionally and directly’’ in
paragraph (b)(1)(i). 14 CFR Part 39
■ a. Removing the term ‘‘$150,000’’ and
adding in its place the phrase ‘‘the ■ 13. Amend § 126.601 by revising the [Docket No. FAA–2017–1096; Product
simplified acquisition threshold (as Identifier 2017–NM–072–AD; Amendment
heading of paragraph (h) and the last
defined in the FAR at 48 CFR 2.101)’’ 39–19221; AD 2018–06–01]
sentence of the introductory text of
in paragraph (a) introductory text; and paragraph (h)(1) to read as follows: RIN 2120–AA64
■ b. Revising paragraph (f)(1) to read as
follows: § 126.601 What additional requirements Airworthiness Directives; Airbus
must a qualified HUBZone SBC meet to bid Airplanes
§ 125.6 What are the prime contractor’s on a contract?
limitations on subcontracting? * * * * * AGENCY: Federal Aviation
* * * * * (h) Recertification. (1) * * * Administration (FAA), Department of
However, the following exceptions Transportation (DOT).
(f) * * *
apply to this paragraph (h)(1): ACTION: Final rule.
(1) Small business set-aside contracts
with a value that is greater than the * * * * * SUMMARY: We are adopting a new
micro-purchase threshold but less than ■ 14. Amend § 126.612 by revising airworthiness directive (AD) for certain
or equal to the simplified acquisition paragraphs (b)(1) and (2) to read as Airbus Model A318, A319, A320, and
threshold (as both terms are defined in follows: A321 series airplanes; all Model A330–
the FAR at 48 CFR 2.101); or 200 Freighter, –200, and –300 series
* * * * * § 126.612 When may a CO award sole airplanes; and all Model A340–200,
source contracts to qualified HUBZone
■ 8. Amend § 125.18 by revising the last SBCs?
–300, –500, and –600 series airplanes.
sentence of paragraph (e)(1) to read as This AD was prompted by reports of
* * * * * false traffic collision avoidance system
follows:
(b) * * * (TCAS) resolution advisories. This AD
§ 125.18 What requirements must an (1) $7,000,000 for a contract assigned requires modifying the software in the
SDVO SBC meet to submit an offer on a a manufacturing NAICS code, or TCAS computer processor or replacing
contract?
(2) $4,000,000 for all other contracts. the TCAS computer with a new TCAS
* * * * * computer. We are issuing this AD to
nshattuck on DSK9F9SC42PROD with RULES
* * * * *
(e) * * * (1) * * * However, the address the unsafe condition on these
following exceptions apply to this § 126.616 [Amended] products.
paragraph (e)(1):
■ 15. Amend § 126.616 by removing the DATES:This AD is effective April 30,
* * * * * words ‘‘HUBZone protégé’’ and adding 2018.
■ 9. Amend § 125.22 by revising in their place the words ‘‘HUBZone The Director of the Federal Register
paragraph (a) to read as follows: SBC’’ in paragraph (d)(2). approved the incorporation by reference
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![Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Rules and Regulations 12853
of certain publications listed in this AD resolution advisories could lead to a software update (including change to P/N
as of April 30, 2018. loss of separation with other airplanes, 940–0351–005) on the affected aeroplanes, or
possibly resulting in a mid-air collision. to replace the TCAS processor with a P/N
ADDRESSES: For service information
The European Aviation Safety Agency 940–0351–005 unit.
identified in this final rule, contact Consequently, EASA issued AD 2017–
Airbus, Airworthiness Office—EIAS, 1 (EASA), which is the Technical Agent
0091, to require modification or replacement
Rond Point Maurice Bellonte, 31707 for the Member States of the European of Honeywell TPA–100B TCAS P/N 940–
Blagnac Cedex, France; telephone +33 5 Union, has issued EASA Airworthiness 0351–001 processors, hereafter referred to as
61 93 36 96; fax +33 5 61 93 44 51; email Directive 2017–0091R2, dated June 2, ‘affected processor’ in this [EASA] AD. That
account.airworth-eas@airbus.com; 2017 (referred to after this as the [EASA] AD also prohibits installation of an
internet http://www.airbus.com. You Mandatory Continuing Airworthiness affected processor on post-mod aeroplanes.
may view this referenced service Information, or ‘‘the MCAI’’), to correct After that [EASA] AD was issued, it was
an unsafe condition for certain Airbus found that an error had been introduced,
information at the FAA, Transport inadvertently restricting the required action
Standards Branch, 2200 South 216th St., Model A318, A319, A320, and A321
to those aeroplanes that had the affected part
Des Moines, WA. For information on the series airplanes; all Model A330–200
installed on the Airbus production line,
availability of this material at the FAA, Freighter, –200, and –300 series thereby excluding those that had the part
call 206–231–3195. It is also available airplanes; and all Model A340–200, installed in-service by Airbus SB.
on the internet at http:// –300, –500, and –600 series airplanes. Consequently, EASA revised AD 2017–0091
www.regulations.gov by searching for The MCAI states: to amend Note 1 and include references to
and locating Docket No. FAA–2017– Since 2012, a number of false TCAS [traffic the relevant Airbus SBs that introduced the
1096. collision avoidance system] resolution affected processor in service.
advisories (RA) have been reported by Since EASA AD 2017–0091R1 was issued,
Examining the AD Docket various European Air Navigation Service prompted by operator feedback and to avoid
Providers. EASA has published certification confusion, it was decided to exclude
You may examine the AD docket on aeroplanes that had an affected processor
the internet at http:// guidance material for collision avoidance
systems (AMC 20–15) which defines a false installed by STC, for which EASA AD No.:
www.regulations.gov by searching for TCAS RA as an RA that is issued, but the RA 2017–0091R2 separate [EASA] AD action is
and locating Docket No. FAA–2017– condition does not exist. It is possible that planned. It was also determined that the
1096; or in person at the Docket more false (or spurious) RA events have prohibition to install an affected processor
Management Facility between 9 a.m. occurred, but were not recorded or reported. was too strict, particularly for Group 2
and 5 p.m., Monday through Friday, The known events were mainly occurring on aeroplanes.
except Federal holidays. The AD docket Airbus single-aisle (A320 family) aeroplanes, For the reason described above, this
although several events have also occurred [EASA] AD is revised to reduce the
contains this AD, the regulatory
on Airbus A330 aeroplanes. Investigation Applicability, introduce some minor editorial
evaluation, any comments received, and changes and to amend paragraph (3).
determined that the false RAs are caused on
other information. The street address for aeroplanes with a certain Honeywell TPA–
the Docket Office (telephone 800–647– You may examine the MCAI in the
100B TCAS processor, P/N [part number]
5527) is Docket Management Facility, AD docket on the internet at http://
940–0351–001, installed, through a
U.S. Department of Transportation, combination of three factors: (1) Hybrid www.regulations.gov by searching for
Docket Operations, M–30, West surveillance enabled; (2) processor connected and locating Docket No. FAA–2017–
Building Ground Floor, Room W12–140, to a hybrid GPS source, without a direct 1096.
1200 New Jersey Avenue SE, connection to a GPS source; and (3) an
encounter with an intruder aeroplane with
Comments
Washington, DC 20590.
noisy (jumping) ADS–B Out position. We gave the public the opportunity to
FOR FURTHER INFORMATION CONTACT: EASA previously published Safety participate in developing this AD. The
Sanjay Ralhan, Aerospace Engineer, Information Bulletin (SIB) 2014–33 to inform following presents the comments
International Section, Transport owners and operators of affected aeroplanes received on the NPRM and the FAA’s
Standards Section, FAA, 2200 South about this safety concern. At that time, the
response to each comment.
216th St., Des Moines, WA 98198; false RAs were not considered an unsafe
telephone and fax 206–231–3223. condition. Since the SIB was issued, further Supportive Comment
events have been reported, involving a third
SUPPLEMENTARY INFORMATION: aeroplane. The Air Line Pilots Association,
Discussion This condition, if not corrected, could lead International supported the NPRM.
to a loss of separation with other aeroplanes,
We issued a notice of proposed possibly resulting in a mid-air collision.
Request To Refer to Revised Service
rulemaking (NPRM) to amend 14 CFR Prompted by these latest findings, and after Information
part 39 by adding an AD that would review of the available information, EASA Airbus requested that the NPRM be
apply to certain Airbus Model A318, reassessed the severity and rate of occurrence updated to reference the current
A319, A320, and A321 series airplanes; of false RAs and has decided that mandatory revision level of certain service
action must be taken to reduce the rate of
all Model A330–200 Freighter, –200, information. Airbus noted that four of
occurrence, and the risk of loss of separation
and –300 series airplanes; and all Model with other aeroplanes. the service bulletins referred to in the
A340–200, –300, –500, and –600 series Honeywell International Inc. published NPRM were revised.
airplanes. The NPRM published in the Service Bulletin (SB) 940–0351–34–0005 We agree with the commenter’s
Federal Register on November 30, 2017 [Publication Number D201611000002] to request. We have updated the preamble
(82 FR 56749) (‘‘the NPRM’’). The provide instructions for an upgrade of TPA– and paragraph (i) of this AD to refer to
NPRM was prompted by reports of false 100B processors P/N 940–0351–001 to P/N the revised service information. Because
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TCAS resolution advisories. The NPRM 940–0351–005, introducing software version the revised service information does not
proposed to require modifying the 05/01. include any additional actions, we have
Consequently, Airbus developed certain
software in the TCAS computer modifications (mod 159658 and mod 206608) added paragraph (l) to this AD to
processor or replacing the TCAS and published SB A32034–1656, SB A320– provide credit for actions accomplished
computer with a new TCAS computer. 34–1657, SB A330–34–3342, SB A340–34– prior to the effective date of this AD
We are issuing this AD to prevent false 4304 and SB A340–34–5118, to provide using the applicable Airbus service
TCAS resolution advisories. False TCAS instructions for in-service introduction of the bulletin identified in paragraphs (l)(1)
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![12854 Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Rules and Regulations
through (l)(4) of this AD. We have burden on any operator or increase the • Airbus Service Bulletin A330–34–
redesignated subsequent paragraphs scope of this AD. 3342, Revision 01, dated November 13,
accordingly. 2017.
Related Service Information Under 1
Conclusion CFR Part 51 • Airbus Service Bulletin A340–34–
4304, dated April 19, 2017.
We reviewed the relevant data, Airbus has issued the following
• Airbus Service Bulletin A340–34–
considered the comments received, and service information, which describes
5118, Revision 01, dated September 12,
determined that air safety and the procedures for modifying the software
2017.
public interest require adopting this AD in the TCAS computer processor and
with the changes described previously procedures for replacing the TCAS This service information is reasonably
and minor editorial changes. We have computer with a new TCAS computer. available because the interested parties
determined that these minor changes: These documents are distinct since they have access to it through their normal
• Are consistent with the intent that apply to different airplane models in course of business or by the means
was proposed in the NPRM for different configurations. identified in the ADDRESSES section.
correcting the unsafe condition; and • Airbus Service Bulletin A320–34– Costs of Compliance
• Do not add any additional burden 1656, Revision 01, dated September 6,
upon the public than was already 2017. We estimate that this AD affects 205
proposed in the NPRM. • Airbus Service Bulletin A320–34– airplanes of U.S. registry.
We also determined that these 1657, Revision 01, dated September 6, We estimate the following costs to
changes will not increase the economic 2017. comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
Software modification ...................................... 2 work-hours × $85 per hour = $170 ............. $0 $170 $34,850
TCAS replacement .......................................... 2 work-hours × $85 per hour = $170 ............. 298 468 95,940
Authority for This Rulemaking Regulatory Findings PART 39—AIRWORTHINESS
DIRECTIVES
Title 49 of the United States Code We determined that this AD will not
specifies the FAA’s authority to issue have federalism implications under ■ 1. The authority citation for part 39
rules on aviation safety. Subtitle I, Executive Order 13132. This AD will continues to read as follows:
section 106, describes the authority of not have a substantial direct effect on Authority: 49 U.S.C. 106(g), 40113, 44701.
the FAA Administrator. ‘‘Subtitle VII: the States, on the relationship between
Aviation Programs,’’ describes in more the national government and the States, § 39.13 [Amended]
detail the scope of the Agency’s or on the distribution of power and ■ 2. The FAA amends § 39.13 by adding
authority. responsibilities among the various the following new airworthiness
We are issuing this rulemaking under levels of government. directive (AD):
the authority described in ‘‘Subtitle VII, For the reasons discussed above, I 2018–06–01 Airbus: Amendment 39–19221;
Part A, Subpart III, Section 44701: certify that this AD: Docket No. FAA–2017–1096; Product
General requirements.’’ Under that Identifier 2017–NM–072–AD.
1. Is not a ‘‘significant regulatory
section, Congress charges the FAA with action’’ under Executive Order 12866, (a) Effective Date
promoting safe flight of civil aircraft in
2. Is not a ‘‘significant rule’’ under the This AD is effective April 30, 2018.
air commerce by prescribing regulations
for practices, methods, and procedures DOT Regulatory Policies and Procedures (b) Affected ADs
the Administrator finds necessary for (44 FR 11034, February 26, 1979), None.
safety in air commerce. This regulation 3. Will not affect intrastate aviation in (c) Applicability
is within the scope of that authority Alaska, and
This AD applies to Airbus airplanes, all
because it addresses an unsafe condition 4. Will not have a significant manufacturer serial numbers, certificated in
that is likely to exist or develop on economic impact, positive or negative, any category, as identified in paragraphs
products identified in this rulemaking on a substantial number of small entities (c)(1) through (c)(11) of this AD; except those
action. under the criteria of the Regulatory Model A318, A319, A320 and A321 series
This AD is issued in accordance with airplanes that have been modified by a
Flexibility Act.
supplemental type certificate (STC) that
authority delegated by the Executive installs Honeywell traffic alert and collision
Director, Aircraft Certification Service, List of Subjects in 14 CFR Part 39
avoidance system (TCAS) 7.1 processor, part
as authorized by FAA Order 8000.51C. Air transportation, Aircraft, Aviation number (P/N) 940–0351–001.
In accordance with that order, issuance safety, Incorporation by reference, (1) Model A318–111, –112, –121, and –122
of ADs is normally a function of the Safety. airplanes.
(2) Model A319–111, –112, –113, –114,
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Compliance and Airworthiness
Division, but during this transition Adoption of the Amendment –115, –131, –132, and –133 airplanes.
(3) Model A320–211, –212, –214, –216,
period, the Executive Director has
Accordingly, under the authority –231, –232, –233, –251N, and –271N
delegated the authority to issue ADs airplanes.
applicable to transport category delegated to me by the Administrator,
(4) Model A321–111, –112, –131, –211,
airplanes to the Director of the System the FAA amends 14 CFR part 39 as
–212, –213, –231, –232, –251N, –253N, and
Oversight Division. follows: –271N airplanes.
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![12856 Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Rules and Regulations
(3) Service information identified in this compensation or hire with the doors the piloting of an aircraft, with or
AD that is not incorporated by reference is open or removed in the United States or without right of legal control.
available at the addresses specified in using aircraft registered in the United Supplemental passenger restraint
paragraphs (o)(3) and (o)(4) of this AD. States for doors off flights. The systems, such as the harness system
(o) Material Incorporated by Reference Emergency Order prohibits the use of used by the operator of the helicopter
(1) The Director of the Federal Register supplemental passenger restraint involved in the March 11, 2018,
approved the incorporation by reference systems that cannot be released quickly accident, can significantly delay or
(IBR) of the service information listed in this in an emergency in doors off flight prevent passengers from exiting the
paragraph under 5 U.S.C. 552(a) and 1 CFR operations. It also prohibits passenger- aircraft in an emergency. Effective
part 51. carrying doors off flight operations immediately, the use of supplemental
(2) You must use this service information unless the passengers are at all times passenger restraint systems in doors off
as applicable to do the actions required by properly secured using FAA-approved flight operations for compensation or
this AD, unless this AD specifies otherwise. hire is prohibited. The term
(i) Airbus Service Bulletin A320–34–1656,
restraints.
‘‘supplemental passenger restraint
Revision 01, dated September 6, 2017. DATES: The Emergency Order of
(ii) Airbus Service Bulletin A320–34–1657,
system’’ means any passenger restraint
Prohibition is effective March 22, 2018.
Revision 01, dated September 6, 2017. that is not installed on the aircraft
FOR FURTHER INFORMATION CONTACT: Jodi pursuant to an FAA approval, including
(iii) Airbus Service Bulletin A330–34–
Baker, Acting Deputy Director, Office of (but not limited to) restraints approved
3342, Revision 01, dated November 13, 2017.
(iv) Airbus Service Bulletin A340–34– Safety Standards, Federal Aviation through a Type Certificate,
4304, dated April 19, 2017. Administration, 800 Independence Supplemental Type Certificate, or as an
(v) Airbus Service Bulletin A340–34–5118, Avenue SW, Washington, DC 20591; approved major alteration using FAA
Revision 01, dated September 12, 2017. telephone: 202–267–3747; email: Form 337.
(3) For service information identified in Jodi.L.Baker@faa.gov. Persons may operate doors off flights
this AD, contact Airbus SAS, Airworthiness SUPPLEMENTARY INFORMATION: The full for compensation or hire involving
Office—EAL, 1 Rond Point Maurice Bellonte, text of Emergency Order of Prohibition supplemental passenger restraint
31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 45 80; email
No. FAA–2018–0243, issued March 22, systems if the Acting Administrator has
airworthiness.A330-A340@airbus.com; 2018 is as follows: determined that the restraints to be used
internet http://www.airbus.com. This Emergency Order of Prohibition can be quickly released by a passenger
(4) You may view this service information is issued by the Federal Aviation with minimal difficulty and without
at the FAA, Transport Standards Branch, Administration (FAA) pursuant to 49 impeding egress from the aircraft in an
2200 South 216th St., Des Moines, WA. For U.S.C. 40113(a) and 46105(c). This emergency. The ability of a passenger to
information on the availability of this Order is effective immediately. This quickly release the restraint with
material at the FAA, call 206–231–3195. order is issued to all operators and minimal difficulty must be inherent to
(5) You may view this service information pilots of flights for compensation or hire the supplemental passenger restraint
that is incorporated by reference at the with the doors open or removed system. A supplemental passenger
National Archives and Records
Administration (NARA). For information on
(hereinafter, ‘‘doors off flights’’ or restraint system must not require the
the availability of this material at NARA, call ‘‘doors off flight operations’’) in the use of a knife to cut the restraint, the use
202–741–6030, or go to: http:// United States or using aircraft registered of any other additional tool, or the
www.archives.gov/federal-register/cfr/ibr- in the United States for doors off flights. assistance of any other person. A
locations.html. This Order prohibits the use of supplemental passenger restraint also
Issued in Renton, Washington, on March 2, supplemental passenger restraint must not require passenger training
2018. systems (as defined below) that cannot beyond what would be provided in a
Michael Kaszycki, be released quickly in an emergency in pre-flight briefing.
doors off flight operations. This Order Applications for a determination as to
Acting Director, System Oversight Division,
also prohibits passenger-carrying doors whether a supplemental passenger
Aircraft Certification Service.
off flight operations unless the restraint system can be quickly released
[FR Doc. 2018–05013 Filed 3–23–18; 8:45 am]
passengers are at all times properly by a passenger with minimal difficulty
BILLING CODE 4910–13–P
secured using FAA-approved restraints. may be submitted to the FAA Aircraft
Upon information derived from Certification Service, Policy and
investigation into a March 11, 2018, Innovation Division, Rotorcraft
DEPARTMENT OF TRANSPORTATION
helicopter accident on the East River Standards Branch, 10101 Hillwood
Federal Aviation Administration near New York City, New York, the Parkway, Ft. Worth, Texas 76177,
Acting Administrator has found that an Attention: Jorge Castillo, Manager
14 CFR Part 91 emergency exists related to aviation (email: Jorge.R.Castillo@faa.gov; tel:
safety and safety in air commerce and 817–222–5110). The applicant bears the
[Docket No. FAA–2018–0243] requires immediate action. For more burden of clearly and convincingly
detailed information, see ‘‘Background/ demonstrating that the supplemental
‘‘Doors-off’’ and ‘‘Open-door’’ Flight passenger restraint system can be
Basis for Order,’’ below.
Prohibition: Emergency Restriction/ quickly released by a passenger with
Prohibition Order Scope and Effect of This Order minimal difficulty and without
AGENCY: Federal Aviation This order applies to all persons impeding egress from the aircraft in an
Administration (FAA), DOT. (including, but not limited to, pilots) emergency. In reviewing any such
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ACTION: Notification of Emergency Order conducting doors off flights for application, the FAA shall consider the
of Prohibition. compensation or hire in the United design, manufacture, installation, and
States or using aircraft registered in the operation of the supplemental passenger
SUMMARY: This notification provides United States to conduct such restraint system.
Emergency Order of Prohibition No. operations. ‘‘Operate,’’ as defined in 14 Further, effective immediately,
FAA–2018–0243, issued March 22, 2018 CFR 1.1, means to ‘‘use, cause to use or passenger-carrying doors off flight
to all operators and pilots of flights for authorize to use’’ an aircraft, including operations for compensation or hire are
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Document Created: 2018-03-24 01:00:02
Document Modified: 2018-03-24 01:00:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective April 30, 2018. | |
| Contact | Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Section, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223. | |
| FR Citation | 83 FR 12852 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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